Parents Sue When State Seizes Their Baby

By Jordan Quinley

Published on November 12, 2007

The blood testing is a mandatory screening program meant to check for rare diseases. The couple objected to the blood test on religious grounds, but Nebraska does not allow for religious exemption to this program. The Anayas did not know that if the screening wasn’t performed, the child could be placed in foster care.

The parents’ attorney, Jeff Downing, believes the government violated the family’s constitutional rights. According to the suit filed, State health officials conspired to deny the Anayas their rights of due process, and to seize and test baby Joel without notice or a hearing. While the Anaya family is not seeking damages, they want to make sure that this does not happen again.

Douglas County prosecutors made the decision to seize Joel, saying it was necessary to protect the child’s health. Health officials claim the infant screening program is among the state’s most cost-effective health programs.

Joel was kept in foster care for five days and returned to his parents on Oct. 16 when blood tests came back negative.

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